Comparing Buddhist and American Justice

Jan 23, 2025

Buddhist Justice Versus American Justice

Key Authors

  • Tara Mulay
  • Tuere Sala

Context

  • Discussion on justice from both legal (American) and spiritual (Buddhist) perspectives.
  • Authors' backgrounds: former prosecutor and criminal defense attorney, Buddhist Insight Meditation teachers, women of color.

American Justice

  • Legal Framework: Rooted in English common law, based on a social contract.
    • Government expected to resolve culpability fairly.
    • Principles: "innocent until proven guilty", government must establish criminal intent and action.
    • High standard of proof: "beyond a reasonable doubt".
  • Systemic Issues:
    • James Baldwin highlights the need to understand justice through the experiences of the unprotected.
    • African Americans face a fundamentally different system due to racism; systemic white supremacy.
    • Presumption of innocence often not applied to African Americans.
    • Racism creates narratives that deny African Americans protections and fairness.

Buddhist Perspective on Justice

  • Dharma and Karma:
    • Emphasis on intentions and moral consequences of actions (law of karma).
    • Understanding that the intricacies of karma are imponderable, yet impactful.
  • Ethical Conduct and Harmlessness:
    • Dharma encourages actions rooted in harmlessness, countering cruelty.
    • Wise intention (second factor of the noble eightfold path) advocates for the cultivation of harmlessness.
    • Ethical precepts (non-killing, non-stealing, etc.) promote freedom from fear and enmity for countless beings.
  • Justice and Dharma:
    • Dharma sees justice in recognizing intrinsic value and dignity in all.
    • Non-action is not advised; Buddhist teachings encourage fostering compassionate actions.

Implications for Society

  • Karma suggests broader, unseen results of actions rooted in harmlessness.
  • Trust in the power of goodness and justice rooted in dignity could help dismantle white supremacy.
  • Encourages perseverance towards greater justice, even when immediate results are not visible.

Conclusion

  • Buddhist practices offer a lens to view justice that transcends conventional systems.
  • The teachings suggest ways to respond to harm with equanimity and compassion, aiming to create conditions for greater justice and freedom from affliction for all beings.